HC quashes Hry govt instructions for pension withdrawal.

Times of India: Monday, June 06, 2023.

In a significant decision, the Punjab and high court has quashed the Haryana government’s decision to withdraw the benefit of pension given to the state information commissioners and the right to service commissioner. The HC clarified that any instructions adversely affecting the pension of employees who had already retired on the date of notification would be invalid. “The impugned letter dated June 28, 2019, issued by the state, thereby withdrawing the letter dated June 11, 2014, is hereby quashed. The right of the petitioner to claim pension shall remain unfettered by any such executive instructions. 

The petitioner is entitled to pension and other service benefits in accordance with law,” Justice Raj Mohan Singh held while allowing the petition filed by Sunil Katyal, former commissioner, Right to Service Commission, Haryana. Katyal had sought directions to quash the order dated June 28, 2019, whereby the benefit of pension given to the state information commissioners and right to service commissioner was withdrawn by Haryana. 

His main plea was that the government cannot deny him the right to pension through the 2019 instructions retrospectively. The court clarified that in this case, there is no rule framed in pursuance of the letter dated June 11, 2014, therefore, no rule existed, and the principle of equity has to prevail, particularly in view of the fact that all the appointees have been granted benefits of pension, except the petitioner.

“The equity will make its way as there is no provision in the rule. Rather, the provision in terms of Section 15 of the Right to Information Act makes it abundantly clear that Section 16. of the Right to Information Act, 2005 will apply in the instant case and the salaries, allowances and other conditions of the service of the petitioner shall not be varied to disadvantage after his retirement,” ordered the judge. 

According to Section 15(1)(4) of the Haryana Right to Service Act, 2014, the salaries and allowances payable to the Centre’s chief commissioner and the commissioners shall be the same as those of the state chief information commissioner and the state information commissioners, respectively, as laid down in the Right to Information Act, 2005.